Ellsworth American. [volume] (Ellsworth, Me.) 1855-current, 1887-05-05

the debtor transfers cOnceas or otherwise dispoeea
OF IL within sad time or suffers II to be done,
refuses to surrender 1t, on demand, to any proper
officer having an execution on the same Judgment,
the debtor shall have no benefit from the certin-
cate described in section nineteen, and the petit
toner may recover, in acton on the against
him or any person fraudulenly aiding such trans
fer, concealment, or disposal double the amount
due on said execution, and any execution on q
judgment in such action, shall run against the bod
les Of the debtor and other persons aiding, but
the payment thereof Is satisfaction of the ortgi
nal debt.
section 10. II said magistrate finds reasonable
cause TO believe that any other person holds any
property credits Of the debtor in trust tor him,
in fraud of bis creditors, or If the petitioner
shall make oath that he believes that such other
person 50 holds property OF the debtor, the magis
trate shall issue a similar subpoena 70 such person
to appear and testify in relation thereto the same TO
be served as subppnaS in civil suits. The testimony
of such witness may be reduced 10 writing. and
signed by him. and il ii shall satisfactorily appear
to the magistrate from all the evidencein the case,
that such person so holds property credits of the
debtor he shall so certify upon the execution and
the petitioner shall have a lien upon said property
credits for thirty days succeeding such disclo-
sure, be enforced by bill equity trustee pro-
cess, and upon such bill in equity or trustee pro-
cess the court finds such property credits to DO
held as aforesaid, it may order the same, or 50
much Of them as may be necessary to satisfy the
Judgment and all costs, to be conveyed transferred
or assigned to the petitioner; and if the parties
cannot agree upon the value Of such property or
credits, they shall be assigned to the petitioner
he shall give such trustee a bond with sufficient
surety, accepted by the court, to account for and
pay over to said trustee the surplus Of the proceeds
of such property credits, after satisfying said
judgment and costs.
Section IA. If the debtor, any other person
duly served with subpoena as above provided, re-
fuses or neglects to appear the magistrate shall H.
sue capias to bring said debtor, or other person
before him, and may Judge such debtor or other
person TO be in contempt, and shall order him TO
pay the costs of issuing and executing said eapias
and in default thereof to be committed 10 Jail
until paid.
Section is. If the debtor, or other person duly
served with subpoena, refuses to testify in obedi-
ence thereto or refuses to answer any proper aues-
ton, If the debtor refuses to make full disclosure
upon all matters named in section six. or II said
debtor refuses to comply with any proper order
of the magistrate, or perform the duty imposed
upon him by section ten, he shall be adjudged to be
in contempt, and be committed to Jail until he
purges himself Of such contempt by compliance.
or is otherwise discharged by due process of law
The warrant of commitment shall state specifically
the contempt Of which the prisoner is guilty.
Section l6. The magistrate, for cause shown BY
either party, may adjourn from time to time.
Section II. After the examination of the debtor
other competent evidence may be introduced by
either party, and the debtor may then be further
examined Dispositions may be used in such dis.
closures, and the magistrate may at the request Of
either party, issue subpenas to witnesses, who are
entitled to the same fees witnesses before trial
Justice